Attorney General Opinion No. 1984-077

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Book Synopsis Attorney General Opinion No. 1984-077 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-077 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Shawnee County Civil Service Board, established pursuant to K.S.A. 19-4303 e̲t̲ s̲e̲q̲., may enforce rules adopted in accordance with its express statutory authority, either through expressly authorized administrative procedures, criminal process pursuant to K.S.A. 19-4327, or its implied enforcement authority via the inherent equitable powers of the district court. Cited herein: K.S.A. 19-4303; 19-4304; 19-4311; 19-4314; 19-4327; 19-4331.

Attorney General Opinion No. 1984-106

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Book Synopsis Attorney General Opinion No. 1984-106 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-106 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As amended by chapter 282, section 5, the provisions of chapter 187, section 11 of the 1984 Session Laws prohibit the selling, giving or receiving of lists of names and addresses derived from public records, for the purpose of selling or offering for sale any property or service to the persons listed therein, subject to three exceptions. Section 6 of chapter 187, as amended by section 3 of chapter 282 of the 1984 Session Laws, further requires that any person who obtains a list of names and addresses certify that: (1) he or she will not use the information for the purpose of selling or offering for sale any property or services, and (2) will not give, sell or otherwise make available the list to another person so that the latter may sell or offer for sale any property or service. Accordingly, a person may not make commercial use of information derived from such lists, either directly or through the sale of the lists themselves. Cited herein: K.S.A. 1983 Supp. 21-3913; 45-201 (both repealed, L. 1984, ch. 187); 74-2012, as amended by L. 1984, ch. 282, section l; L. 1983, ch. 171, section 11, L. 1984, ch. 187, sections 6, 11; L. 1984, ch. 282, sections 3, 5.

Attorney General Opinion No. 1984-008

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Book Synopsis Attorney General Opinion No. 1984-008 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-008 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of subsections (c) and (d) of K.S.A. 1983 Supp. 77-426, which allow the legislature to reject, modify or revoke an administrative rule and regulation by means of the adoption of a concurrent resolution, are unconstitutional. Such action by the legislature is an unlawful usurpation of the governor's constitutional power to administer and enforce the laws. Such action violates the constitutional doctrine of separation of powers. In addition, the legislative oversight mechanism prescribed in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 is unconstitutional for the reason that it attempts to authorize the legislature to make law, without following the mandatory procedures of the Kansas Constitution. The Kansas constitution requires that any law be enacted only by bill [not by resolution or concurrent resolution]; that every bill contain the constitutionally-specified enacting clause; and that all bills passed by the legislature be presented to the governor for approval or disapproval. The procedure set forth in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 does not meet these constitutional requirements and is unconstitutional. Cited herein: K.S.A. 1983 Supp. 77-426; Kan. Const., Art. 2, sections 14, 20.

Attorney General Opinion No. 1979-077

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Book Synopsis Attorney General Opinion No. 1979-077 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1979-077 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the primary responsibility for the preservation of peace and the apprehension of persons suspected of violating the law is vested in the sheriff, the county attorney is the state's law officer and official relator in his county in respect to all matters of public concern where the state is or should be a participant in litigation. In order to fulfill the duties prescribed by statute the county attorney is authorized to obtain all available information regarding all criminal activities obtained by law enforcement agencies within the county.

Attorney General Opinion No. 1984-122

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Book Synopsis Attorney General Opinion No. 1984-122 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-122 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and clerk of the municipal court in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 12-4108.

Attorney General Opinion No. 1984-032

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Book Synopsis Attorney General Opinion No. 1984-032 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-032 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 19-702 provides that it is the duty of the county attorney to prosecute all cases arising out of the criminal statutes of this state which arise in his or her county. If such a violation occurs, it is immaterial whether it takes place within or without the limits of any city located in the county, or whether the officer issuing the citation or making the arrest is an employee of the city or county. In any violation of a state criminal statute, it is the function of the county attorney to prosecute, and such prosecution may not be declined, or additional conditions attached (i̲.̲e̲.̲ payment of costs) on the grounds that the violation took place within the city. Cited herein: K.S.A. 1983 Supp. 8-1567, K.S.A. 12-4111, 12-4113, 19-702, 19-706b.

Attorney General Opinion No. 1984-001

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Book Synopsis Attorney General Opinion No. 1984-001 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-001 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A municipality, through the exercise of constitutional home, rule powers, may grant to the municipal court the power to impose contempt sanctions against persons who fail to obey the subpoenas of a municipal administrative agency. Cited herein: K.S.A. 12-4101, 12-4104, 12-4105, 12-4106, 12-4204, 12-4602, Kan. Const. Art. 12, section 5.

Attorney General Opinion No. 1984-047

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Book Synopsis Attorney General Opinion No. 1984-047 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-047 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the restrictions of K.S.A. 17-5904, and subject to exemptions prescribed therein, corporations (other than family farm corporations and authorized farm corporations) may not own agricultural land in this state. An investment plan whereby a corporation (other than a family farm corporation or authorized farm corporation) would own agricultural land, subject to a "buyback option," would violate the restrictions of the aforesaid statute. Cited herein: K.S.A. 1983 Supp. 17-5903, K.S.A. 17-5904.

Attorney General Opinion No. 1984-091

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Book Synopsis Attorney General Opinion No. 1984-091 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-091 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The legislature may refuse to appropriate moneys to provide funds for a̲ ̲p̲a̲r̲t̲i̲c̲u̲l̲a̲r̲ lease of office space already entered into by a state agency and may direct that no appropriated moneys shall be used for such purpose. However, the legislature may not prescribe that an agency may not enter into a̲n̲y̲ lease for office space without the prior approval of the State Finance Council or some other legislatively-dominated committee. Such a limitation on prospective action by a state agency violates the doctrine of separation of powers and is unconstitutional. Attorney General Opinion No. 81-83 is reaffirmed. Cited herein: K.S.A. 75-3708, 75-3711, K.S.A. 1983 Supp. 75 -3711c, 75-3725a, L. 1984, ch. 23, section 5, L. 1984, ch. 244, sections 1, 2, 23, L. 1981, ch. 32, section 69.

Attorney General Opinion No. 1984-060

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Book Synopsis Attorney General Opinion No. 1984-060 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-060 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: No state statute prescribes a procedure whereby a city of the third class may change from the commission form of government to the mayor-council form of government. However, the governing body of such a city may, by ordinance adopted pursuant to home rule powers, prescribe that the city shall revert to the mayor-council form of government on the date of the next city election, and provide for the election of a mayor and five council members at that election. Cited herein: K.S.A. 12-184, 12-1019, 12-1027, 12-1035, 12-1036h, 12-10a09, 13-1812, 14-1807, 15-124, 15-1201, 15-1704, Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1984-023

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Book Synopsis Attorney General Opinion No. 1984-023 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-023 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1983 Supp. 8-1567 (c), (d) and (e) provide that a person convicted of a violation of the statute is not eligible for probation or suspension or reduction of sentence until the minimum time of imprisonment has been served. While the term "parole" is not specifically used, the statute must be construed to include parole within those actions which are not allowed before the minimum sentence is served. Cited herein: K.S.A. 1983 Supp. 8-1567, K.S.A. 12-4511.

Attorney General Opinion No. 1978-077

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Book Synopsis Attorney General Opinion No. 1978-077 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1978-077 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 19-214 requires that all contracts for the erection of county buildings be awarded on a public letting to the lowest responsible bidder. It does not apply, however, to the purchase of an existing structure by the board of county commissioners for county use. No charter resolution is necessary to exempt the transaction from the cited statute, accordingly, and purchase of the structure may be authorized by ordinary resolution.

Attorney General Opinion No. 1984-036

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Book Synopsis Attorney General Opinion No. 1984-036 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-036 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 15-104 provides that cities of the third class "shall be and remain a part of the corporate limits of the townships in which the same are situated." However, said statutory provision does not operate retroactively so as to effect the status of cities which had become separate townships pursuant to L. 1905, ch. 126, section 1, and such cities are not part of the corporate limits of the townships in which the same are situated. Cited herein: K.S.A. 15-104.

Attorney General Opinion No. 1984-119

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Book Synopsis Attorney General Opinion No. 1984-119 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-119 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 1983 Supp. 22-4501 e̲t̲ s̲e̲q̲., the State Board of Indigent Defense Services has the authority to deny authorization of claims for compensation in cases where the attorneys seeking compensation were appointed without regard to the applicable system for providing legal services to indigent defendants as established by the board. Cited herein: K.S.A. 1983 Supp. 22-4501; 22-4503; 22-4507; 22-4522; 22-4523.

Attorney General Opinion No. 1984-074

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Book Synopsis Attorney General Opinion No. 1984-074 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-074 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 3 of chapter 358 of the session laws of 1984 makes it unlawful for any person to sell or distribute smokeless tobacco to any person under the age of 18 years. Smokeless tobacco includes any tobacco product which is suitable for chewing, as defined by K.S.A. 79-3370. Unlike the cereal malt beverage laws at K.S.A. 41-2701 e̲t̲ s̲e̲q̲., the new act contains no prohibition on either the possession of smokeless tobacco by persons under the age of 18 or the dispensing by minors of such products. Accordingly, it is not a violation of the law for a retailer who sells such products to employ minors who assist in the handling or sale of smokeless tobacco. Cited herein: K.S.A. 41-2708, K.S.A. 1983 Supp. 41-2721, K.S.A. 79-3370, L. 1984, ch. 358.

Attorney General Opinion No. 1984-089

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Book Synopsis Attorney General Opinion No. 1984-089 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-089 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Where a law enforcement officer detains a person without a warrant for misdemeanor theft, and the officer does not arrest the person but instead serves upon him a notice to appear in court, the officer must, pursuant to K.S.A. 22-2408, release the person upon receiving a written promise to appear in court. Under such circumstances, the officer may not detain the person to take fingerprints and photographs. Cited herein: K.S.A. 21-2501 (as amended by L. 1984, ch. 115, section 4), 22-2202 (as amended by L. 1984, ch. 112, section 6), 22-2408, 77-109.

Attorney General Opinion No. 1984-024

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Book Synopsis Attorney General Opinion No. 1984-024 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-024 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 2 of 1984 House Bill No. 2927 (as amended by House Committee of the Whole) would empower the State Corporation Commission to exclude from the rate base of a public utility all or a portion of costs of acquisition, construction or operating which were incurred (in whole or in part) due to a lack of efficiency or prudence, or costs incurred in the acquisition or construction of excess capacity. Such legislation, if enacted, could be enforced by the State Corporation Commission and the courts of this state. Cited herein: K.S.A. 66-128, 1984 House Bill No. 2927.